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党的十八届四中全会通过的《中共中央关于全面推进依法治国若干重大问题的决定》提出了“从法律体系到法治体系”的目标。“从法制体系到法治体系”与“从法律体系到法治体系”这两个命题具有内在一致性,法治体系建设实质是从现有法制体系向法治体系的转型。我国法制体系已经基本形成,目前处于从人治到法治的过渡阶段。“从法制体系到法治体系”意味着正当性基础的转变、治理体系的法治化和法治的体系化。要实现这一转型,要从维护宪法法律权威、合理配置政治权力、权力制约制度化这三方面入手。宪法是法律体系的拱心石,宪法法律权威是法治体系的支柱,政治权办的合理配置是维护宪法法律权威的关键。
The “Decision of the Central Committee of the Communist Party of China on Several Major Issues in Ruling the Country by Law” adopted by the Fourth Plenary Session of the 18th CPC Central Committee puts forward the goal of “from the legal system to the rule of law system.” The two propositions of “from the legal system to the rule of law system” and “from the legal system to the rule of law system” are inherently consistent. The essence of the construction of the rule of law system is the transformation from the existing legal system to the legal system. The legal system in our country has basically taken shape and is currently in the transitional period from rule of man to rule of law. “From the legal system to the rule of law system ” means the transformation of the basis of legitimacy, the rule of law of the governance system and the systemization of the rule of law. To achieve this transformation, we must start from the three aspects of safeguarding the authority of constitutional law, rational allocation of political power and restriction of power. The Constitution is the archstone of the legal system, and the constitutional and legal authority are the pillars of the rule of law system. The rational allocation of political powers is the key to safeguarding the authority of constitutional law.